Senior Judge William T. Swigert dies at 77

Judge William T. Swigert listens to motions during a hearing for accused murderer Loran Cole Tuesday. Before the end of the hearing, Swigert granted a motion to exclude the press from attending any more pretrial hearings. Cole is standing trial for the 1994 murder of a college student and rape of his sister in the Ocala national forest.

Published: Sunday, April 27, 2014 at 10:21 p.m.

Last Modified: Sunday, April 27, 2014 at 10:21 p.m.

Senior Judge William T. Swigert, a one-time chief judge who saw the judiciary in Marion County grow three times its size from when he joined the bench in 1973, died Saturday. He was 77.

An email announcing Swigert’s death was sent out Sunday afternoon by David M. Trammell, trial court administrator for the Fifth Judicial Circuit. In it he wrote: “I have been informed that the Honorable William T. Swigert passed away yesterday. I will keep you advised as funeral arrangements are finalized.

“Please keep the Swigert family in your thoughts and prayers.”

And Sunday evening, his friends and colleagues began saying goodbye.

“He was one of the best judges Marion County ever had,” said his friend of 50-plus years and fellow judge, Victor Musleh. “I knew him from the first day he came to Ocala. As lawyers, our offices were across the street from each other.

“When we were both circuit judges, our offices were next to each other in the courthouse. As senior judges we’ve shared an office,” Musleh added. “Even when he couldn’t come in any longer, he would call me worried about cases. He’d tell me, ‘I don’t want things to get behind.’”

In 1973, when then-Mayor Swigert left Ocala City Hall to become a county judge, there were only three circuit judges and two county judges in Marion County, recalled Circuit Judge Hale R. Stancil, the current dean of the Marion judiciary. Today, there are 11 circuit judges and four county judges.

Stancil said he talked with Swigert’s widow, Sherry, a couple of weeks ago and learned her husband was in the hospital. He said Sherry Swigert discouraged him then from visiting.

“I wish now that I had,” Stancil said Sunday.

Swigert reluctantly retired as a circuit judge nearly 10 years ago; he had to, according to a Star-Banner profile in 2004, because he would reach the mandatory retirement age of 70 too early in his term if he won re-election that year. So he signed up to be a senior judge, retired judges who are called on to fill in when dockets get too crowded.

He’s still listed on the Fifth Judicial Circuit’s website as a senior judge, one of seven who have been handling a backlog of foreclosure and civil cases in the circuit.

“He enjoyed what he did,” Stancil said. “He was always willing to listen, trying to bring all the parties together, trying to keep the system moving.”

County Judge Sarah Ritterhoff Williams grew up with Swigert’s children. “For a child in elementary school, (I thought) he had one of the most important jobs in the community.”

She recalled that later, as an attorney trying cases before him, Swigert would hold bench conferences with opposing lawyers “in the hallway. He would exercise while listening to arguments. He had more energy than most of us in the courthouse.”

Becky Fletcher, an Ocala attorney who practiced before Swigert as both a prosecutor and defense attorney, said Swigert “was compassionate toward the people before him.”

She said a courthouse reputation of Swigert being a “lenient judge” — a reputation Swigert bristled at and disputed — was “not fair.”

“He cared so much about people,” Fletcher added. “He really wanted to give people a chance.”

That compassion showed in one criminal case before him in 2001. According to the Star-Banner profile 10 years ago, Swigert anguished over having to sentence a young multilingual immigrant from Ukraine who, at 16, fatally shot a classmate during a fight. State sentencing guidelines then required he sentence defendant Alex Kholodkov to 25 years.

“I didn’t have any discretion,” Swigert is quoted in the profile. “I could probably have sentenced him to … 10 years, followed by a lengthy period of probation. The boy had a bright future ahead of him.”

He also encouraged first chances. Kelly Owen McCall said she was appointed the official court reporter 18½ years ago at the urging of Judge Swigert.

Trying to hold back her tears, McCall said that when her then-boss Charles Brandies passed away in 1992, Swigert encouraged her to seek the court reporter appointment. “He said, ‘Do it!’ ”

“It would never have happened but for him,” she said.

Musleh, who followed Swigert as chief circuit judge, said it’s been his privilege “to have been his friend for more than 50 years.”

In the profile 10 years ago, Musleh was quoted as saying: “He’s a great guy. He’s a good friend. He’s a great judge. If I was accused of something, he’s the kind of judge I’d want to be before.”

Musleh recalled that comment Sunday evening: “I said that 10 years ago, and I haven’t changed my mind.”

<p>Senior Judge William T. Swigert, a one-time chief judge who saw the judiciary in Marion County grow three times its size from when he joined the bench in 1973, died Saturday. He was 77.</p><p>An email announcing Swigert's death was sent out Sunday afternoon by David M. Trammell, trial court administrator for the Fifth Judicial Circuit. In it he wrote: “I have been informed that the Honorable William T. Swigert passed away yesterday. I will keep you advised as funeral arrangements are finalized.</p><p>“Please keep the Swigert family in your thoughts and prayers.”</p><p>And Sunday evening, his friends and colleagues began saying goodbye.</p><p>“He was one of the best judges Marion County ever had,” said his friend of 50-plus years and fellow judge, Victor Musleh. “I knew him from the first day he came to Ocala. As lawyers, our offices were across the street from each other.</p><p>“When we were both circuit judges, our offices were next to each other in the courthouse. As senior judges we've shared an office,” Musleh added. “Even when he couldn't come in any longer, he would call me worried about cases. He'd tell me, 'I don't want things to get behind.'”</p><p>In 1973, when then-Mayor Swigert left Ocala City Hall to become a county judge, there were only three circuit judges and two county judges in Marion County, recalled Circuit Judge Hale R. Stancil, the current dean of the Marion judiciary. Today, there are 11 circuit judges and four county judges.</p><p>Stancil said he talked with Swigert's widow, Sherry, a couple of weeks ago and learned her husband was in the hospital. He said Sherry Swigert discouraged him then from visiting.</p><p>“I wish now that I had,” Stancil said Sunday.</p><p>Swigert reluctantly retired as a circuit judge nearly 10 years ago; he had to, according to a Star-Banner profile in 2004, because he would reach the mandatory retirement age of 70 too early in his term if he won re-election that year. So he signed up to be a senior judge, retired judges who are called on to fill in when dockets get too crowded.</p><p>He's still listed on the Fifth Judicial Circuit's website as a senior judge, one of seven who have been handling a backlog of foreclosure and civil cases in the circuit.</p><p>“He enjoyed what he did,” Stancil said. “He was always willing to listen, trying to bring all the parties together, trying to keep the system moving.”</p><p>County Judge Sarah Ritterhoff Williams grew up with Swigert's children. “For a child in elementary school, (I thought) he had one of the most important jobs in the community.”</p><p>She recalled that later, as an attorney trying cases before him, Swigert would hold bench conferences with opposing lawyers “in the hallway. He would exercise while listening to arguments. He had more energy than most of us in the courthouse.”</p><p>Becky Fletcher, an Ocala attorney who practiced before Swigert as both a prosecutor and defense attorney, said Swigert “was compassionate toward the people before him.”</p><p>She said a courthouse reputation of Swigert being a “lenient judge” — a reputation Swigert bristled at and disputed — was “not fair.”</p><p>“He cared so much about people,” Fletcher added. “He really wanted to give people a chance.”</p><p>That compassion showed in one criminal case before him in 2001. According to the Star-Banner profile 10 years ago, Swigert anguished over having to sentence a young multilingual immigrant from Ukraine who, at 16, fatally shot a classmate during a fight. State sentencing guidelines then required he sentence defendant Alex Kholodkov to 25 years.</p><p>“I didn't have any discretion,” Swigert is quoted in the profile. “I could probably have sentenced him to … 10 years, followed by a lengthy period of probation. The boy had a bright future ahead of him.”</p><p>He also encouraged first chances. Kelly Owen McCall said she was appointed the official court reporter 18½ years ago at the urging of Judge Swigert.</p><p>Trying to hold back her tears, McCall said that when her then-boss Charles Brandies passed away in 1992, Swigert encouraged her to seek the court reporter appointment. “He said, 'Do it!' ”</p><p>“It would never have happened but for him,” she said.</p><p>Musleh, who followed Swigert as chief circuit judge, said it's been his privilege “to have been his friend for more than 50 years.”</p><p>In the profile 10 years ago, Musleh was quoted as saying: “He's a great guy. He's a good friend. He's a great judge. If I was accused of something, he's the kind of judge I'd want to be before.”</p><p>Musleh recalled that comment Sunday evening: “I said that 10 years ago, and I haven't changed my mind.”</p><p><i>Contact Rick Allen at rick.allen@starbanner.com or 867-4154.</I></p>